HomeMy Public PortalAboutOrdinance No. 578-88 04-11-1988 •
ORDINANCE NO. 578
AN ORDINANCE GRANTING A FRANCHISE FOR THE
COLLECTION WITHIN THE CITY OF RICHLAND HILLS,
TEXAS, OF GARBAGE, TRASH, REFUSE AND OTHER WASTE
TO LAIDLAW WASTE SYSTEMS, INC.; MANIFESTING A
CONTRACT GRANTING SUCH FRANCHISE AND SETTING
FORTH THE RIGHTS AND DUTIES OF THE PARTIES
THERETO, DEFINING CERTAIN TERMS, PROVIDING FOR
ADEQUATE COMPENSATION TO THE CITY FOR SUCH
FRANCHISE, PROVIDING FORFEITURE OF SUCH
FRANCHISE UPON CERTAIN CONTINGENCIES, PROVIDING
FREE SERVICE TO THE CITY, PROVIDING FULL INDEMNITY
TO THE CITY, SETTING CHARGES FOR GARBAGE
COLLECTION, PROVIDING MECHANISMS FOR SETTLEMENT
OF DISPUTES, PROVIDING FOR CERTAIN RECORDS AND
REPORTS TO BE FURNISHED OR MADE AVAILABLE TO THE
CITY; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
•
•
WHEREAS, the City of RICHLAND HILLS, a municipal
corporation (hereinafter called "CITY") has tentatively
reached an agreement with LAIDLAW WASTE SYSTEMS INC., a
Delaware corporation, (hereinafter called "CONTRACTOR") for
the collection and disposal of residential, commercial and
industrial garbage and refuse within the CITY.
WHEREAS, the CITY, after investigation, believes that
the public need, convenience and necessity can best be
served by the designation of the CONTRACTOR to serve as the
authorized agent for the CITY.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
• THE CITY OF RICHLAND HILLS, TEXAS:
1. Grant. CITY hereby grants to CONTRACTOR a
contract and franchise to engage in the business of
collecting and disposing of all residential and commercial
garbage, trash, brush, rubbish, debris, hazardous waste and
other refuse within the corporate limits of the CITY and,
further, hereby grants to CONTRACTOR a license and permit
to use the public streets, alleys, easements and
thoroughfares within the limits of the CITY for the purpose
of collection and disposal of garbage, trash, brush,
debris, hazardous waste and other refuse during the term of
this Agreement.
2. TERM. The term of this Agreement shall be for
a period of five years beginning May 1, 1988, and
terminating April 30, 1993, subject to the limitations,
terms, and conditions hereinafter specified and contained
in this Agreement.
•
ORD. No. 578
Unless either party notifies the other in writing on
• or before one hundred twenty (120) days before any
termination date of this Agreement of such party's election
not to renew and extend this Agreement, then this Agreement
shall be automatically renewed for successive one (1) year
periods, each such renewal to be upon the same terms and
conditions and for the same considerations as contained
herein and no new agreement need be entered into.
3. Definitions: Wherever used herein, the
hereinafter listed terms shall have the following meanings:
A. Brush: Tree and shrub trimmings which are not
easily placed in disposable containers.
B. Debris: Dirt, concrete, rocks, bricks, lumber,
plaster, sand or gravel, other waste building materials,
automobile frames, dead trees, and other bulky heavy
material.
C. Garbage: Refuse animal or vegetable matter (as
from a kitchen or food processing facility), tin cans,
bottles, sacks, clothes, extinguished ashes, paper (not
including heavy accumulations of newspapers and magazines)
and any other household waste which is damp or capable of
emitting noxious odors.
D. Hazardous Waste: All fecal material, oil,
sludge, and any radioactive, pathological, toxic, acidic or
volatile materials or any chemical, compound, mixture,
substance, or article which is designated by the U.S.
E.P.A. or appropriate agency of the State of Texas to be
"hazardous" as that term is defined by or pursuant to
Federal or State Laws.
E. Trash: All household refuse other than garbage,
debris, brush, household furniture and appliances; trash
shall include grass, yard clippings, leaves, weeds, heavy
accumulations of newspapers and magazines, recyclable
waste, old clothes and other household trash of like kind,
but shall not include hazardous wastes.
F. Disposable Containers: Any plastic bag or
cardboard box with a capacity or volume of thirty three
(33) gallons or less and which is capable of containing
garbage or trash without leaking or emitting odors, and
which weighs, when loaded, less than fifty (50) pounds.
G. Permanent Containers: Any closed, waterproof,
plastic or metal container or can with a capacity or volume
of thirty three (33) gallons or less and which is capable
of containing garbage or trash without leaking or emitting
odors, and which weighs, when loaded, less than fifty (50)
• pounds.
ORD N0. 578 -2 -
H. Commercial Containers: Metal containers supplied
by CONTRACTOR affording adequate capacity to service a
• customer so as to prevent spillage, unsightly and
unsanitary conditions.
I. Curbside Service: Garbage to be picked up by the
CONTRACTOR which will be located at the curbside of the
street bearing the customer's address.
J. Handicapped Customers: A residential household
in which all members of the household are physically
handicapped to the extent that they are unable to place
garbage at curbside. All handicapped customers shall be
charged the curbside rate charged other residential
customers. The fact of such handicap must be certified to
CONTRACTOR by the City Manager of CITY.
K. Backdoor Service: A residential household where
garbage pickup shall be in the rear or side of household no
further than 5 feet from the side or rear of said household
and in an unenclosed area.
4. Duties and Obligations of Residential Customers.
Every owner, agent, lessee, tenant or occupant of any
residential premises in the CITY ("residential customer")
shall have the following duties and obligations:
• A. Each residential customer shall provide and use
containers (disposable or permanent) sufficient in number
to hold the garbage and trash accumulating on the premises.
B. Each residential customer shall place all
garbage, trash and brush (if the size of the brush allows)
in either disposable containers or in permanent containers.
C. Each residential customer shall keep all such
garbage and trash containers in use securely closed in such
a manner as to prevent the scattering of the contents
thereof and to render said contents inaccessible to
insects, rodents and other animals.
D. Each residential customer shall place brush or
trash which cannot be placed in disposable containers or
permanent containers into lengths not to exceed four (4)
feet, tie same in bundles, and stack such brush or trash at
curbside (as is hereinafter provided). Such brush or trash
shall in no event exceed more than sixty-four (64) cubic
feet when stacked.
E. Each residential customer shall place all vines
and thorny bushes in disposable containers.
F. No residential customer shall place for
• collection, or permit to be placed for collection, any
ORD. N0. 578 -3-
permanent container, disposable container, item, or bundle
of brush or trash exceeding fifty (50) pounds in weight.
• G. No residential customer shall place for
collection, or permit to be placed for collection, any
hazardous wastes.
H. Each residential customer shall drain all garbage
and trash mixed with water or other liquids before placing
same into a permanent container or disposable container.
I. All residential customers, other than handicapped
customers and residential customers receiving backdoor
service for an additional charge, shall place all permanent
containers and disposable containers containing garbage at
the curbside on the street bearing such residential
customer's address in such a manner as to be easily
accessible for collection and as to prevent such garbage
from being scattered. All handicapped customers shall be
entitled to receive backdoor service from CONTRACTOR, and
accordingly shall place all permanent containers, and/or
disposable containers containing garbage and trash at the
side or rear of such handicapped customers' building or
structure no farther back than the rear wall of the
building located on the premises in a location that will
allow the CONTRACTOR to gain access to and remove such
containers from the premises; provided, however, the
• CONTRACTOR shall not be required to enter or be responsible
for entering, into garages or behind enclosed fences.
J. Each residential customer shall place permanent
or disposable containers containing trash and brush and
tied bundles of brush at the curbside on the street bearing
such residential customer's address in such a manner as to
be easily accessible for collection and as to prevent such
trash and brush and tied bundles of brush from being
scattered.
K. All containers or garbage, trash and brush, and
tied bundles of brush required to be located at the
curbside shall be placed at the prescribed curbside
locations not more than twelve hours prior to the scheduled
collection day and not later than 7:00 a.m, on the
scheduled collection day if such garbage, trash and brush,
and tied bundles of brush are to be picked up by
CONTRACTOR.
5. Duties and Obligations of Commercial Industrial
and Institutional Customers. Every owner, agent, employee
or person otherwise in charge of any commercial,
institutional or industrial premises within the CITY
("commercial customer") shall have the following duties and
obligations:
•
ORD. N0. 578 _4 _
A. Each commercial customer shall provide for and
use containers (permanent, disposable or commercial)
• sufficient in number to hold the garbage and trash
accumulating on the premises.
B. Each commercial customer shall cause all garbage
and trash accumulating on such premises to be placed in
permanent containers or, with the approval of the City
Manager or his designee, in disposable containers if, in
the City Manager's opinion, such disposable container will
not create a nuisance. Commercial customers shall place
permanent containers and disposable containers (if allowed)
at the curbside on the street bearing such commercial
customer's address for collection at the same time and in
the same manner as is provided for residential refuse
collection (Article 4). Provided, however, no more than
four (4) containers of garbage and trash shall be permitted
per commercial customer per pickup. Should any commercial
customer generate more than four (4) containers of garbage
and trash per pickup, such commercial customer will be
required to utilize a commercial container.
C. As an alternative to the collection method
provided in S.B. above, (and whenever any commercial
customer generates more than four (4) containers of garbage
and trash per pickup) commercial customers may dispose of
garbage and trash by means of commercial container
• furnished by CONTRACTOR. Additionally, multi-family
residential complexes may employ said commercial containers
for garbage and trash collection in the same manner as
commercial customers. Commercial containers may be used
and placed at a location on the premises as arranged
between the customer and CONTRACTOR, subject to the review
of same by the CITY at any time.
D. Each commercial customer shall keep all permanent
containers, disposable container, and/or commercial
containers in use securely closed in such a manner as to
prevent the scattering of the contents thereof and to
render said contents inaccessible to insects, rodents, and
other animals.
E. Each commercial customer shall drain all garbage
or trash mixed with water or other liquids before placing
same into a permanent container, disposable container or
commercial containers, and, further, no commercial customer
shall place for collection, or permit to be placed for
collection, any hazardous waste.
6. Contractor's Duties and Obligations. I t s hall
be the duty and obligation of CONTRACTOR to perform the
following services:
•
ORD. N0. 578 -5-
A. CONTRACTOR agrees to furnish trucks, equipment,
machinery, tools, labor, and a landfill site, at its own
expense, to adequately, efficiently and properly collect
and dispose of garbage, trash and brush from premises
within the corporate limits of the CITY in a systematic,
clean, healthful, and sanitary manner.
B. CONTRACTOR agrees that the garbage, trash and
brush collected will be disposed of outside the corporate
limits of the CITY in compliance with the Laws of the State
of Texas. All vehicles used by the CONTRACTOR for the
collection and transportation of garbage, trash and brush
shall be protected at all times while in transit to prevent
leakage and the blowing or scattering of refuse onto the
public streets of CITY or properties adjacent thereto and
shall at all times be maintained in good repair. Further,
such vehicles shall be clearly marked with CONTRACTOR'S
name in letters not less than four (4) inches in height and
shall be individually numbered. All collection equipment
shall be washed and deodorized as necessary but at minimum
once each week, and shall be kept in sanitary condition.
C. CONTRACTOR agrees to establish daily routes and
special schedules for the collection of garbage, trash and
brush as necessary to fulfill the requirements of this
Agreement. Further, CONTRACTOR will utilize written route
books for use in the collection of refuse from all
• residential and commercial customers. CITY shall have the
right to require alteration of service to any premises
wherein unsightly or unsanitary conditions have resulted
from inadequate containers or an insufficient number of
collections, and CONTRACTOR shall be compensated for any
such required additional services.
D. CONTRACTOR shall provide all commercial
containers for garbage and trash storage which are
available upon request of the owner or occupant of any
premises within the corporate limits of CITY, excluding
single family and two family residences. The commercial
containers provided by CONTRACTOR shall be (i) equipped
with suitable covers to prevent blowing or scattering of
refuse while being transported for disposal of their
contents, (ii) maintained in good repair, appearance, and
in a sanitary condition, and (iii) clearly marked with the
CONTRACTOR'S name and telephone number in letters not less
than two (2) inches in height, and (iv) emptied not less
than one time each week.
E. CONTRACTOR agrees to make two (2) collections
each week for each residential customer and each commercial
customer not utilizing or requiring commercial containers.
CONTRACTOR shall not commence service to residential
customers prior to 7:00 a.m. or no later than 9:00 p.m. No
collections will be made on Sundays or holidays.
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F. CONTRACTOR agrees to maintain a local office for
• the purpose of handling complaints and other calls
regarding refuse collection service provided by
CONTRACTOR. CONTRACTOR agrees to secure an annual listing
in the Fort Worth telephone directory under the name by
which it conducts business in the community. Contractor
agrees to keep said office open for business from 9:00 a.m.
to 5:00 p.m. every day except Saturday, Sunday and the
Holidays set forth in Section 14 I hereof, and to keep said
office staffed with sufficient competent personnel to
handle calls and inquiries during office hours. A daily
log of all service calls, complaints, inquiries and the
action taken thereon, shall be maintained by Contractor.
G. CONTRACTOR assumes all risk of loss or injury to
property or persons arising from any of its operations
under this Agreement, and agrees to indemnify and hold
harmless the CITY from all claims, demands, suits,
judgments, costs or expenses arising from any such loss or
injury. It is expressly understood that the foregoing
provisions shall not in any way limit the liability of
CONTRACTOR. CONTRACTOR agrees to carry the following types
of insurance:
(1) Worker's Compensation insurance covering all
employees engaged in any operations covered
• by this Agreement as required by the State
of Texas;
(2) Automobile Liability - $1,000,000 Single
Limit, bodily injury and property damage
combined; and
(3) General Liability - $1,000,000 Single Limit,
bodily injury and property damage combined.
CONTRACTOR agrees to furnish the CITY certificates of
Insurance or other evidence satisfactory to the CITY to the
effect that such insurance has been procured and is in
force.
H. CONTRACTOR agrees to provide an on-call service
for the collection of large objects and quantities of
debris, including temporary roll-off service. Upon request
by a customer, CONTRACTOR agrees to provide an estimate of
the cost to remove and dispose of such items and upon
mutual agreement between CONTRACTOR and customer, the
CONTRACTOR shall perform the service. The agreed upon fee
for the service shall be paid by the customer immediately
upon completion of the work performed.
•
ORD. N0. 57& -
7. Charges.
• A. Residential: CITY and CONTRACTOR agree that the
initial curbside residential MONTHLY CUSTOMER SERVICE
CHARGES shall be $4.31.
B. Commercial: CITY and CONTRACTOR agree that the
initial COMMERCIAL MONTHLY CUSTOMER SERVICE CHARGES shall
be as provided in Exhibit "A" attached hereto and
incorporated herein for all purposes.
C. Revisions: CONTRACTOR shall attempt to maintain
the rates herein during the term of this Agreement.
Provided, however, that if CONTRACTOR incurs increases in
its costs of operation which are beyond its control and
have an adverse effect on CONTRACTOR's ability to maintain
a reasonable return for its service, then the City and
Contractor agree that a rate adjustment will be reviewed at
least annually, if requested by Contractor at least ninety
(90) days prior to the anniversary date.
D. Customer Billing: CITY agrees to bill all
residential, commercial, industrial and institutional
customers served by CONTRACTOR. CITY further agrees to
collect and remit all appropriate sales taxes to the State
Comptroller's office. CITY shall issue to CONTRACTOR a
• Resale Certification.
E. Payment to Contractor: CITY agrees to pay to
CONTRACTOR on or before the 30th day of each month the NET
SERVICE CHARGE for garbage services rendered during the i
preceding month. Such NET SERVICE CHARGE shall be 89% of
the GROSS SERVICE CHARGE (being the MONTHLY CUSTOMER
SERVICE CHARGE for garbage service times the number of
customers actually receiving such service during the
preceding month, excluding any sales taxes). From the
GROSS SERVICE CHARGE shall be deducted and retained by the
CITY a 1% Bad Debt charge, an 8% Billing Fee charge and a
2% Franchise Fee. CITY agrees to provide CONTRACTOR on a
semi-annual basis a detail listing of all bad debts. On a
yearly basis, the CITY agrees to refund to the CONTRACTOR
that portion of the Bad Debt percentage retained by the
CITY which exceeds the actual Bad Debts taken per the
detail listing stated above.
8. Spillage. CONTRACTOR will not be required to
clean up or collect loose residential refuse not created by
its operation, but if same, is not collected by Contractor,
Contractor shall report the location of such conditions to
CITY so that proper notice can be given to the occupant of
the residence to properly contain such refuse. Spillage or
excess refuse at the location of commercial containers may
•
ORD. N0. 578 -8 -
be picked up by CONTRACTOR after the customer reloads the
commercial container. CONTRACTOR shall then be entitled
to, and shall receive, an extra collection charge for each
reloaded container requiring an extra collection provided
Contractor notifies City of such extra charge in time for
same to be included by City in such customer's monthly
bills. Should such commercial spillage continue to occur,
CITY shall require the commercial customer and CONTRACTOR
to increase the frequency of collection of such customer's
refuse, or require the customer to utilize a commercial
container with a larger capacity, and CONTRACTOR shall be
compensated for such additional services.
9. Non-Collection. Should a dispute arise
between he CITY, CONTRACTOR, and/or a customer as to
whether the CONTRACTOR actually failed to make a collection
(whether the CONTRACTOR missed a pickup) the decision of
the CITY's City Manager in such matter shall be final and
CITY and CONTRACTOR agree to abide by said decision.
However, it is understood and agreed by and between CITY
and CONTRACTOR that if any customer fails to timely place
brush, permanent containers or disposable containers out,
maintains improper or inadequate containers for the nature,
volume or weight of garbage and trash to be removed from
the premises, or places improper bundles or volumes of
brush or trash for collection, CONTRACTOR may refrain from
collecting all or a portion of such brush, garbage and
trash and shall notify CITY of the reason for such
• non-collection. CONTRACTOR shall also provide notice to
the customer of the reason for such non-collection (unless
such non-collection is the result of the customer's failure
to timely place the brush or containers out for
collection). CONTRACTOR's notice to the customer shall be
in writing, attached to the container or the front door of
the residence or commercial business, and shall indicate
the nature of the violation and the correction required in
order that such garbage may then be collected at the next
regular collection date. When CITY is notified by a
customer that garbage, trash or brush have not been removed
from his premises on the scheduled collection day and where
no notice of non-collection nor a change in collection
schedule has been received from CONTRACTOR, CITY shall
investigate. If the investigation discloses that
CONTRACTOR has failed to collect garbage, trash or brush
from the subject premises without cause, CONTRACTOR shall
collect same within twelve (12) hours after a collection
order is issued by CITY, at no additional charge.
10. Revocation. In the event of an alleged breach
by CONTRACTOR of any of the terms, covenants, or conditions
herein contained, CITY shall notify CONTRACTOR of such
alleged breach and if same is not cured within five (5)
days from such notice, CITY may, upon a determination (at a
•
ORD. N0. 578 _g _
hearing as described herein) that a breach has occurred,
cancel and revoke this Agreement. The hearing prerequisite
• to such revocation shall not be held until notice of such
hearing has been given to the CONTRACTOR at the address
shown on the records of the CITY, and a period of at least
ten (10) days has elapsed since the mailing of such
notice. The notice shall specify the time and place of the
hearing and shall include the alleged reasons for
revocation or cancellation of the Agreement. The hearing
shall be conducted in public by the Richland Hills City
Council, and the CONTRACTOR shall be allowed to be present
and shall be given full opportunity to answer such charges
and allegations as are set out against it in the notice.
If, after the hearing is concluded, the City Council shall
determine that a breach of the terms, covenants or
conditions of the agreement, as set forth in the notice,
has occurred, they may revoke and cancel this Agreement and
the same shall be null and void. This franchise may, at
the option of the City, be terminated in the event of
bankruptcy, receivership, or assignment for the benefit of
creditors by the Contractor.
11. Investigations and Public Hearings. T h e Cit y
Council shall have full power to examine or cause to be
examined at any time, and at all times, the books, papers
and records of Contractor with relation to the operation of
the garbage collection system within the City. In this
• connection, the City shall have the right, through its
Council, to take testimony and compel the attendance of
witnesses or the production of books, papers and records
and to examine witnesses under oath and under such rules
and regulations as it may adopt. If Contractor or any
officer or agent or employee of Contractor refuses to give
testimony before said Council, Council shall have power by
ordinance to declare this franchise in default and
terminate it.
12. Records and Reborts. City shall have access
at all reasonable hours to all Contractor's records,
customer service cards, and all papers relating to the j
operation of said Contractor within the City. The
following records and reports shall be filed monthly by the
fifteenth (15th) day with the City Manager:
A. Reports of the results of all complaints and
investigations received and completed by Contractor.
B. A listing of all commercial accounts served.
This list shall include customer's name, address, frequency
of pick-up, size of container or type of service and
charges for same.
13. Interruption in Service. In the event that the
• collection and disposal of garbage and refuse should be
ORD. N0. 578 -10-
interrupted by any reason for more than forty-eight (48)
hours, City shall have the right to make temporary
• independent arrangements for the purposes of continuing
this necessary service to its residents in order to provide
and protect the public health and safety.
If the interruption in service mentioned in the above
paragraph continues for a period of seventy-two (72) hours,
and is not caused by a catastrophy, riot, war, governmental
order or regulation, strike, fire, accident, act of God or
other similar or different contingency beyond the
reasonable control of the Contractor, then the City shall
have the right to terminate the rights and privileges
granted in this franchise.
14. Miscellaneous.
A. This Agreement and any and all rights and
obligations of CONTRACTOR hereunder may be assigned by
CONTRACTOR to any parent company, affiliate, or subsidiary
of CONTRACTOR without the consent of CITY, but may be
assigned to any other third party only with the prior
written consent of the Richland Hills City Council.
B. CONTRACTOR and CITY agree that the City Manager
will be the authority for the approval of charges for any
service not contemplated by this Agreement and for the
disposition of any dispute between a customer and
• CONTRACTOR. The Richland Hills City Manager may designate
a CITY employee to act as an enforcement officer hereunder
and to act as a liaison between CITY and CONTRACTOR. Any
provisions contained herein to the contrary notwith-
standing, CONTRACTOR shall not be required under this
Agreement to collect and remove debris or other trash
resulting from construction, major remodeling, general
cleanup of property, or resulting from a sizeable amount of
trash and debris being cleared in preparation for j
construction. Provided, however, upon the request of any
residential or commercial customer, CONTRACTOR shall
collect and remove such trash and debris and shall receive
for such services a fee or charge mutually acceptable to
CONTRACTOR and the requesting customer.
C. CITY and CONTRACTOR (and customers) shall comply
with all rules and regulations of the Texas Department of
Health, the Texas Water Quality Board, and the
Environmental Protection Agency. In this regard,
CONTRACTOR shall not be required to collect and dispose of
any oil, sludge, fecal material, or any radioactive,
pathological, toxic, acidic, or volatile material, or other
hazardous or improper waste. Should CONTRACTOR elect to
dispose of such materials, CONTRACTOR shall receive a fee
or charge mutually acceptable to CONTRACTOR and the party
• requesting disposal of such materials. Contractor further
agrees to comply with all State and applicable Federal Laws
regulating collection and disposal of garbage.
ORD. N0. 578 -11-
D. CITY covenants that no commercial customer shall
• empty garbage containers or trash receptacles or convey or
transport garbage or trash generated within the City of
Richland Hills on the streets, alleys and public
thoroughfares of the CITY except those persons acting
pursuant to this Agreement; provided, however, upon
application and compliance with the appropriate CITY
Ordinance, a license may be obtained to service only the
licensee's place of business.
E. CONTRACTOR agrees to furnish the CITY upon
request an irrevocable letter of credit in the amount of
$25,000.00 to secure its performance of the services
enumerated herein.
F. CITY agrees to pass such ordinances as are
necessary to effectuate all terms of this Agreement
including all duties and obligations required of
residential and commercial customers.
G. If any provisions of this Agreement are for any
reason unenforceable, inapplicable, or invalidated, the
other provisions hereof will remain in full force and
effect in the same manner as if such unenforceable,
inapplicable or invalidated provision had never been
contained herein.
• H. This Agreement may be executed in any number of
counterparts, each of which will for all purposes be deemed
to be an original, and all of which are identical.
I. CITY and CONTRACTOR agree that the following days
shall be recognized as holidays, and services will not be
required on those days.
New Years Day Labor Day
Memorial Day Thanksgiving Day
Independence Day Christmas Day
Holidays falling on Saturday will be observed on the
preceding Friday unless Saturday is a scheduled collection
day. For residential service only, holidays falling on
Sunday will be observed on the following Monday. When a
collection day is missed due to the holiday schedule,
CONTRACTOR will collect all garbage, trash, and brush on
the next scheduled service date. No adjustment or
reduction in monthly customer service charges will be made
as a result of the non-collection on holidays.
J. CONTRACTOR agrees to make, as is current
practice, its sanitary landfill available to the residents
of CITY at no charge on one weekend (Saturday and Sunday)
•
ORD. ND. 578 _12_
per year, said weekend to coincide with the scheduled
annual clean-up planned by CITY and CONTRACTOR will make
equipment and personnel available for two brush clean-up
weeks per year . To be allowed to dispose refuse without
charge, CITY resident must identify himself with a water
bill and driver's license.
K. CONTRACTOR agrees to provide CITY with commercial
refuse collection service utilizing front load commercial
containers. CITY will not be charged for such service for
up to five (5j commercial containers, said containers to be
located at those CITY facilities designated by CITY.
L. If any provision or portion of this Agreement is
by a reason unenforceable, inapplicable, or invalidated,
then such provision or portion shall be reformed in
accordance with applicable laws. The invalidity,
inapplicability, or unenforceability of any provision or
portion of this Agreement shall not affect the validity,
applicability or enforceability of the other provisions or i
portions of this Agreement.
LAIDLAW WASTE SYSTEMS INC.
I
B.
Y
a es M. Dancy,
'ce-President
ATTEST: CITY OF RICHLAND HILLS
aul Daniels Ma or
Y
City Secretary, Cit of
Richland Hills, Tarrant
County, Texas
X~
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